OC cannot approve or reject EC’s decision: Pagen

CHIEF Ombudsman Richard Pagen says the Ombudsman Commission (OC) cannot approve or reject any decision or declaration by the Electoral Commissioner on the exercise of his functions on election matters.
Pagen said this can be seen as interfering with constitutional independence of the Electoral Commissioner.
He made the comment following a recent published statement by Electoral Commissioner Simon Sinai stating that he had been waiting for the OC to give clearance or approval on whether to declare election on Lagaip Electorate (Enga) as failed.
“For the Electoral Commissioner to tell the public that he was waiting for the OC to give approval or consent to declare a failed election is very irresponsible and calculated with malicious intent and insinuations against the OC.
“The Electoral Commissioner has wide powers in dealing with election matters.
“If Mr Sinai allows the Ombudsman Commission to decide/approve/consents to the conduct of the Lagaip election, the Ombudsman Commission will infringe the constitutional independence of the Electoral Commission.
“For the Lagaip Electorate the Ombudsman Commission is of the view that there may have been a total failure in the conduct of the election and given such circumstances the Electoral Commissioner shall exercise his powers that are set out in Section 97 (2) of the Organic Law on the National and Local level Government Election,” he said.